Heard learned counsel for the applicant, Shri Aniruddh Kumar Singh, learned A.G.A. for the State and perused the material brought on record.
This is second bail application filed by the applicant inF.I.R. No. 180 of 2016, under Sections 498-A, 304-B IPC and Section 3/4 D.P. Act, Police Station Asandra, District Barabanki with the prayer to enlarge him on bail.
Learned counsel for the applicant submits that the marriage of the applicant was solemnized with the daughter of the informant, namely, Vandana on 20.06.2014 and they were enjoying their matrimonial life. On the date of incident, she committed suicide, information of which, was given to the family members of the deceased. It is vehemently submitted that Vandana was never victimized in relation to demand of dowry, but the charge sheet has been filed by the Investigating Officer under Sections 498-A, 304-B IPC and Section 3/4 D.P. Act, merely on the basis of the statements of the family members of the deceased. It is further submitted that after taking cognizance, the case was committed to the court of session and after framing of charges, informant was examined before the trial court as P.W. 1, where he became hostile and did not support the prosecution version. Learned counsel for the applicant also submits that total 15 names are mentioned in the charge sheet, but till today, only one witness has been examined and there is no possibility of conclusion of trial in the near future. It is, thus, submitted that the applicant, who has no criminal antecedent and in jail since 08.09.2016, is entitled for bail.
Learned A.G.A., while opposing the prayer for grant of bail to the applicant, submits that the applicant is the husband of the deceased. It is further submitted that the informant, in his statement, has categorically stated that before death, his daughter told her brother, Alok to tell the informant for giving motorcycle to her in-laws, otherwise, she will be killed. Learned A.G.A. also submits that besides the ligature mark around the neck, six other injuries were found on the body of the deceased. It is, thus, submitted that the applicant is not entitled for bail.
Considering the arguments advanced by the learned counsel for the parties and going through the statement of P.W. 1 (informant), in entirety, as also the ante mortem injuries found on the body of the deceased, no case for bail is made out.
The application is, accordingly, rejected.
However, trial court is directed to conclude the trial of the case expeditiously without giving any unnecessary adjournments to either of the parties.
Superintendent of Police as well as Joint Director (Prosecution) concerned are directed to ensure the presence of the witnesses before the trial court.
Office is directed to communicate this order to the authorities concerned for necessary compliance, forthwith.
Order Date :- 24.8.2021 VKS